[Federal Register Volume 80, Number 237 (Thursday, December 10, 2015)]
[Rules and Regulations]
[Pages 76631-76637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31152]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 251

[Docket ID: DOD-2014-OS-0058]
RIN 0790-AJ28


National Language Service Corps (NLSC)

AGENCY: Under Secretary of Defense for Personnel and Readiness, DoD.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule establishes the National Language Services Corps 
(NLSC) in the Code of Federal Regulations by describing the program and 
its responsibilities pursuant to the National Defense Authorization Act 
for Fiscal Year 2013, Section 954. This Section authorized the 
Secretary of Defense to establish the NLSC to respond to federal 
agencies' needs for language skills in emergencies or surge 
requirements. Once a federal agency identifies a need, NLSC members are 
advised of the potential assignment. If an individual is interested and 
available, he or she will go through a screening and selection process 
as discussed in the rule. The decision to use NLSC rests with the 
requesting

[[Page 76632]]

agency and support agreements must be established before work can 
begin.

DATES: This final rule is effective on January 11, 2016.

FOR FURTHER INFORMATION CONTACT: John Demboski, 571-256-0654.

SUPPLEMENTARY INFORMATION: NLSC supports DoD and other U.S. departments 
or agencies, in need of foreign language services, with requirements of 
less than one year. This rule outlines NLSC membership criteria, member 
recruitment, appointment, and activation and describes eligibility 
requirements for federal employees to participate in NLSC.
    In addition to 50 U.S.C. 1913 which authorizes the Secretary of 
Defense to establish and maintain the National Language Service Corps, 
5 U.S.C. 3109 authorizes the employment of experts and consultants on a 
temporary or intermittent basis; 18 U.S.C. 202 defines ``special 
Government employee;'' and 31 U.S.C. 1535 authorizes the head of an 
agency or major organizational unit within an agency to place an order 
with a major organizational unit within the same agency or another 
agency for services.

Costs and Benefits

    The Department of Defense and other federal departments and 
agencies have benefited from NLSC support utilizing high-level language 
skills of members not otherwise available to meet their organizations' 
short-term, immediate needs. The NLSC has established a means to access 
and maintain contact with citizens who are highly skilled in foreign 
languages who are open to short term employment. Since initial efforts 
in fiscal year 2007, the average cost per year to build, pilot and 
fully operationalize the NLSC has been $6.3 million. Current membership 
includes more than 5,000 members with skills in 315 foreign languages 
and dialects ready to serve national needs when called upon. Members 
include the self-employed, retirees and students just entering the 
workforce, who proudly want to serve their nation. As of June 2014, 
NLSC members have provided more than 28,000 hours of highly skilled 
foreign language support to 34 federal agencies and departments and 
their components.

Background

    The National Defense Authorization Act for Fiscal Year 2006 
authorized the Secretary of Defense to conduct a pilot on the 
establishment of a Civilian Linguist Reserve Corps. The pilot, named 
the National Language Service Corps, assessed the feasibility and 
advisability of establishing a civilian linguist reserve corps 
comprised of U.S. citizens with advanced levels of proficiency in 
foreign languages who would be available to provide foreign language 
services.
    In January 2013, President Barack Obama signed the National Defense 
Authorization Act for Fiscal Year 2013, which authorized the Secretary 
of Defense to establish the NLSC within the DoD. The NLSC is an 
activity within the Defense Language and National Security Education 
Office (DLNSEO), the responsible DoD activity providing strategic 
direction and programmatic oversight to the Military Departments, 
Defense field activities and the Combatant Commands on present and 
future requirements related to language, regional expertise, and 
culture.
    The NLSC does not offer permanent full-time or part-time jobs. The 
NLSC responds to federal agencies' needs for language skills in 
emergencies or surge requirements. For this reason, the NLSC does not 
maintain any postings or offer any job location services. Once a 
federal agency identifies a need, NLSC members are advised of the 
potential assignment. If an individual is interested and available, he 
or she will go through a screening and selection process as discussed 
in this rule. The decision to use NLSC rests with the requesting 
agency, and support agreements must be established before support can 
begin.
    The NLSC's charter is to provide short-term surge capability or to 
fill short-term recurrent support that other existing capabilities 
cannot reasonably fill. Members have filled requirements that range 
from 15 minutes on the phone to 60 days in the field. If needed/
desired, it is possible for members to provide recurrent, short-term 
support, such as for periodic exercises for up to approximately six 
months (130 work days or 1,040 hours, whichever comes first) in the 
member's service year.
    The NLSC uses the Federal Interagency Language Roundtable 
Proficiency Guidelines (http://govtilr.org/Skills/ILRscale1.htm) (the 
``ILR Scale'') in speaking, reading, and listening as a basis for 
determining eligibility for membership. The NLSC's goal is 3/3/3 
proficiency (speaking/reading/listening) in at least one foreign 
language and in English.
    Initial non-English language proficiency is assessed by asking all 
NLSC applicants to complete a series of self-assessments to provide an 
indication of where they fall on the ILR scale. Members of the NLSC 
will normally undergo formal proficiency testing to verify the self-
assessments prior to participating in an assignment. Several factors 
may require formal proficiency testing, including the need for the NLSC 
and requesting agencies to have formally-tested members available for 
assignments.
    Initial English language assessment will not normally be conducted 
for applicants who graduated from an accredited high school and spent 
at least three years in the US while attending high school. If an 
individual did not do so, he or she may be asked to undergo the same 
self-assessment process as for non-English language skills. Finally, a 
number of members may be asked to undergo formal proficiency testing in 
English.

Analysis of Public Comments

    On February 24, 2015, the Department of Defense published a 
proposed rule titled ``National Language Service Corps (NLSC)'' (80 FR 
9669-9673). The public-comment period ended on April 27, 2015. Four 
public comments were received.
    Comment: I am bilingual in French and attempting to learn two other 
languages and wanted to express my support of this rule. On a personal 
level I am deeply committed to using my language skills and also in 
public service. Thus, this program seems to offer a tremendous 
opportunity for those in a similar position to serve their country. 
Permanently establishing the NLSC is a great way for those with 
language skills to work for their government while advancing the 
statute's purpose of providing government agencies with strong language 
skilled individuals.
    It is important to note that this is a permanent installation of 
what has already proven to be a successful program. Every step of the 
program implementation has been meticulously thought out and driven 
towards the program's ultimate goal. The track record of the NLSC also 
demonstrates that the program works. The open application process 
allows those from all backgrounds to apply for NLSC membership, which 
ensures a wide-range of individuals can become involved. An open 
application process is conducive in achieving the programs goal of 
providing government agencies with the individuals with the best 
language skills when they are needed.
    Once they are approved as NLSC members, these individuals will have 
discretion as to what assignments they take on. Allowing for this level 
of personal choice will make the person feel that they are truly a part 
of the process by showing respect for their personal schedule and 
willingness to

[[Page 76633]]

participate in that particular assignment. This again works towards the 
goal of providing passionate and driven individuals with language 
skills to the agencies that need them.
    However, there are some areas that lack specificity. For one, a 
brief description of what ``emergencies'' or ``surge requirements'' 
would clarify exactly what types of situations NLSC forces would be 
used for. While I understand that this would have to be broad in order 
to encompass all the different agencies that may use NLSC members, it 
would be clearer to have explicit general situations laid out in the 
rule.
    Overall I feel that the lack of extensive requirements is a 
positive thing, I do feel that more information could be sought in 
terms of criminal background and former employment. Having requirements 
such as these fleshed out in the actual rules of the program would 
narrow the number of applicants and thus lend more efficiency in the 
hiring system. It would also help the overall goal of ensuring well 
qualified and reputable people are available for the NLSC.
    In conclusion, the proposed rule-making the NLSC a permanent 
program of the Department of Defense is an efficient and well-organized 
system. The proposed rules on NLSC member recruitment, including the 
application process, and how the program plans to provide members to 
the various government agencies are conducive to achieving its overall 
goal.
    Response: NLSC thanks the commenter for her expressed support of 
this rule and commends her for mastery of a foreign language and 
commitment to advancing and using her language skills. The commenter 
notes that a brief description of ``emergencies'' or ``surge 
requirements'' would help clarify exactly what situations might be 
supported and also acknowledge that this would have to be broad in 
order to encompass all the different agencies that may use NLSC 
members. The use of both ``emergency'' and ``surge'' are, as the 
commenter suggests, intended for agencies to apply in relation to their 
organizational missions, policy and doctrine, and the events to which 
they must respond. For example, ``emergency'' as defined by the 
Stafford Act is ``any occasion or instance for which, in the 
determination of the President, Federal assistance is needed to 
supplement State and local efforts and capabilities to save lives and 
to protect property and public health and safety, or to lessen or avert 
the threat of a catastrophe in any part of the United States.'' While 
this definition has relevance with the Federal Emergency Management 
Agency, it may be restrictive and of less use for the DoD where similar 
events not designated by the President or outside U.S. borders could 
not be included. Further, examples of ``emergencies'' used by the 
Department of State relate to travel by U.S. citizens and take on a 
more personal connotation as experience by an individual, (i.e., losing 
one's passport or getting severely ill overseas) would have little or 
no relevance to NLSC. Thus, consistent with the commenter's 
recommendation, NLSC intends the definitions for broader interpretation 
such requesting agencies are allowed flexibility to follow their 
organizational guidance in justifying support requirements and 
rationale for committing resources.
    Also, NLSC appreciates the commenter's concern regarding background 
investigations of personnel hired to support the foreign language needs 
of federal agencies. Reviews for criminal background and former 
employment are conducted during the process for appointing and 
activating members in accordance with the DoD, U.S.C. and CFR 
references identified in Sec.  251.6(d)(3) of the rule. No change to 
the rule was made based on these comments.
    Comment: As a concerned citizen of the United States, I find it 
crucial for agencies to be able to communicate properly with foreign 
entities. I am writing to express my support for the National Languages 
Services Corps being made into a permanent program.
    The National Languages Services Corps plays a key role in meeting 
the demands of our modern globalized society. The United States is 
involved in parts of the world where language skills may be required at 
short notice. This organization helps fill the void and retains a 
reservoir of professional skills that can be invaluable in times of 
need. Communication with many communities can be very difficult and the 
National Languages Services Corps creates an organized system ensuring 
that our nation will be able to promptly addressing any problems that 
arise.
    Retaining professionals on a limited basis is a great cost 
effective strategy. Tax payers are not burdened by frivolous spending 
on language experts. They are only hired when their services are 
needed.
    The National Languages Services Corps should be a permanent 
organization because it is invaluable to Department of Defense's 
ability respond to emergencies.
    Conclusion: Restate your position and summarize how it advances 
important public interests or interests of the agency, such as the 
agency's stated goals or the purpose of the statutory scheme that 
provides the authority for the rule making.
    Response: NLSC thanks the commenter for expressed support. In 
response to the comment regarding advancement of public interests, at 
the direction of the U.S. Congress, the U.S. Government Accountability 
Office (GAO) has evaluated and issued reports on the foreign language 
capabilities of government agencies, to include the DoD, the Department 
of Homeland Security, and the State Department, noting that foreign 
language skills are an increasingly key element to the success of 
diplomatic efforts and military, counterterrorism, law enforcement and 
intelligence missions. In all cases, GAO recommended that agencies 
better assess their foreign language capabilities and address potential 
shortfalls. The NLSC presents one means for the agencies to address 
shortfalls. The preamble and rule identify the purpose of the rule to 
enable the NLSC to provide foreign language services to U.S. 
departments and agencies pursuant to 50 U.S.C. 1913.
    Comment: I agree with this rule of adding the Nation Language 
Service Corps as a permanent organization because of the benefits the 
government can obtain with volunteered people assisting in the 
communicating with many different countries' people during emergencies. 
People are screened and go through an application process to be a 
member of the NLSC and are ready to be called upon for their bilingual 
skills. Disasters happen all the time and without warning, while this 
rule will allow the creation of an organization with members that will 
allow communications between countries to be easy. The NLSC is already 
successful and its open application allows many people from diverse 
backgrounds to apply which makes the program even more successful.
    Response: NLSC thanks the commenter for expressed support.
    Comment: Language skill is becoming an important role in the era of 
globalization, where economic and technical developments rapidly 
integrate individuals once separated by distance and circumstance. In a 
narrower perspective, there is a growing need in the U.S. for 
individuals with language skills, in order to serve the nation by 
bridging language gaps and resolving emergent situations rising out of 
language barriers. I support this proposed rule because establishing 
NLSC and the program would allow qualified individuals to assist other

[[Page 76634]]

agencies to respond efficiently to critical needs on a national level. 
In addition to my expressed support for the proposed rule, I would also 
like to express my personal view on some of the provisions that lack 
specificity and should be elaborated by the agency, because in a 
rulemaking procedure, the agency needs to consider all relevant 
factors, including but not limited to the rule's substance, coverage, 
conditions, and the economic effects. I suggest that the agency 
consider the following provisions.
    I particularly found that Sec.  251.4(a) lacks specificity. The 
provision states that the NLSC provides other agencies U.S. citizens 
with ``high level of foreign language proficiency'' without specifying 
what exactly constitutes as ``high level proficiency''. As explained in 
Sec.  251.3, the NLSC relies on Interagency Language Roundtable (ILR) 
scale to determine language proficiency, out of the scale range 0-5, 4 
is recognized as ``Advanced Professional Proficiency'', 4+ is 
``Advanced Professional Proficiency Plus'', and ``5'' which is the 
highest level ``Functional Native Proficiency''. These terms would 
cause confusion because there is no further definition that specifies 
which scale would satisfy the ``high level'' requirement. While one 
individual is able to engage fluent day-to-day conversations in a 
foreign language, he or she might not be able to respond to situations 
where medical terms, chemical names or even specific legal terms are 
required. I believe that by specifying the exact level of language 
proficiency would narrow the application pool and ensure that the 
agency receives qualified applicants that match the agency needs.
    The terms in Sec.  251.6(a)(2) also need to be defined 
specifically. The NLSC's purpose is to provide foreign language 
assistance to other agencies with ``surge or emergency requirements''. 
The proposed rule does not further define what requirements are 
classified as ``surge'' or ``emergency'', my view is that although the 
agency may want flexibility to interpret ``surge or emergency'' 
broadly, but setting a more specific definition of ``emergency 
requirement'' would allow the NLSC to efficiently allocate resources in 
response to classified situations.
    The member selection and response procedures in the proposed rule 
also require elaboration. Once accepted, NLSC members are listed in the 
registry and the NLSC program manager will search through the registry 
to find individuals for taking requests. In addition, because the 
selected individuals will be involved in requests that are highly 
confidential, I believe that NLSC should also adopt a detailed 
procedure on an initial background screening process and the periodical 
background check of the members. I also believe that the NLSC should 
set forth a detailed response procedure; this would again increase the 
efficiency and reduce the unnecessary costs when implementing the 
program.
    Overall, I support the idea of having broad interpretations over 
certain terms in the proposed rule, however, I would also recommend 
that the NLSC adopts necessary measures to review information or 
knowledge that can only be obtained post-adoption, which is referred as 
ex post learning. Because this rule is about to establish NLSC as a 
permanent program, it is very important that the agency conduct post-
adoption review on the program's costs and benefits. Furthermore, the 
agency could also set contingency on some of the provisions, allowing 
the agency to adjust the terms and conditions after further research 
and review of the program.
    To conclude, this proposed rule establishing the NLSC a permanent 
program of the Department of Defense would serve an efficient system 
that assists other agencies on national level needs. I do think that 
the rule should be more specific on NLSC member application process, 
and provide a detailed program plans to provide effective assistance to 
other government agencies.
    Response: NLSC thanks the commenter for expressed support of the 
program. The commenter notes that ``Sec.  251.4(a) lacks specificity'' 
with regard to what constituted ``high level proficiency,'' but 
caveated ``specifying the exact level of language proficiency would 
narrow the application pool and ensure that the agency receives 
qualified applicants that match the agency needs.'' NLSC agrees with 
the commenter's caveat and acknowledges that the level of skill needed 
is defined by the requestor of support and based on that request, NLSC 
will identify qualified members from the membership pool. The final 
decision to use NLSC remains with the requestor.
    The commenter also notes that the terms ``surge'' and ``emergency 
requirements'' are not specifically defined and indicates that an 
agency may want flexibility to interpret ``surge or emergency'' 
broadly, but setting a more specific definition of ``emergency 
requirement'' would allow the NLSC to efficiently allocate resources in 
response to classified situations. As referenced in response to a 
previous comment, NLSC relies upon requesting agencies to follow their 
internal guidance to justify the requirement for foreign language 
services and the expenditure of resources to request support from NLSC.
    The commenter notes a concern ``that NLSC should also adopt a 
detailed procedure on an initial background screening process and the 
periodical background check of the members.'' Work performed in support 
of NLSC must be done as a DoD civilian employee and the associated 
federal hiring process includes background check and periodic 
reinvestigations as required for employees with clearances in 
accordance with the DoD, U.S.C. and CFR references identified in Sec.  
251.6(d)(3) of the rule.
    Finally, NLSC appreciates the commenter's acknowledgement regarding 
post-adoption review on the program's costs and benefits. In accordance 
with 50 U.S.C. 1903, the National Security Education Board will assess 
effectiveness of the NLSC and for recommend plans to address 
shortfalls. No changes were made to this rule based on these comments.

Regulatory Procedures

Retrospective Review

    The revisions to this rule will be reported in future status 
updates as part of DoD's retrospective plan under Executive Order 13563 
completed in August 2011. DoD's full plan can be accessed at: http://www.regulations.gov/#!docketDetail;D=DOD-2011-OS-0036.

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has been designated a ``significant regulatory 
action,'' although not economically significant, under section 3(f) of 
Executive Order 12866. Accordingly, the rule has been reviewed by the 
Office of Management and Budget (OMB).

Sec. 202, Public Law 104-4, ``Unfunded Mandates Reform Act''

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)

[[Page 76635]]

(Pub. L. 104-4) requires agencies assess anticipated costs and benefits 
before issuing any rule whose mandates require spending in any 1 year 
of $100 million in 1995 dollars, updated annually for inflation. In 
2014, that threshold is approximately $141 million. This rule will not 
mandate any requirements for State, local, or tribal governments, nor 
will it affect private sector costs.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    The Department of Defense certifies that this final rule is not 
subject to the Regulatory Flexibility Act (5 U.S.C. 601) because it 
would not, if promulgated, have a significant economic impact on a 
substantial number of small entities. Therefore, the Regulatory 
Flexibility Act, as amended, does not require us to prepare a 
regulatory flexibility analysis.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    Section 251.6(c)(1) through (3) of this rule contains information 
collection requirements. As required by the Paperwork Reduction Act (44 
U.S.C. Chapter 35), DoD has submitted an information clearance package 
to the Office of Management and Budget for review. In response to DoD's 
invitation in the proposed rule to comment on any potential paperwork 
burden associated with this rule, no comments were received.

Executive Order 13132, ``Federalism''

    Executive Order 13132 establishes certain requirements that an 
agency must meet when it promulgates a proposed rule (and subsequent 
final rule) that imposes substantial direct requirement costs on State 
and local governments, preempts State law, or otherwise has Federalism 
implications. This final rule will not have a substantial effect on 
State and local governments.

List of Subjects in 32 CFR Part 251

    Foreign languages, Manpower training programs.


0
Accordingly 32 CFR part 251 is added to read as follows:

PART 251--NATIONAL LANGUAGE SERVICE CORPS (NLSC)

Sec.
251.1 Purpose.
251.2 Applicability.
251.3 Definitions.
251.4 Policy.
251.5 Responsibilities.
251.6 Procedures.

    Authority:  5 U.S.C. 3109, 18 U.S.C. 202, 31 U.S.C. 1535, 50 
U.S.C. 1913.


Sec.  251.1  Purpose.

    This part:
    (a) Implements the responsibilities of the Secretary of Defense in 
50 U.S.C. 1913 by establishing the NLSC program.
    (b) Establishes policy, assigns responsibilities, and provides 
procedures for the management of the NLSC program.
    (c) Assigns responsibility to the National Security Education Board 
(NSEB) to oversee and coordinate the activities of the NLSC (as 
provided and determined by the Secretary of Defense pursuant to 50 
U.S.C. 1903 and 1913 with policy and funding oversight provided by the 
Under Secretary of Defense for Personnel and Readiness (USD(P&R)) in 
accordance with DoD Directive 5124.02, ``Under Secretary of Defense for 
Personnel and Readiness (USD(P&R))'' (available at http://www.dtic.mil/whs/directives/corres/pdf/512402p.pdf).


Sec.  251.2  Applicability.

    This part applies to Office of the Secretary of Defense, the 
Military Departments, the Office of the Chairman of the Joint Chiefs of 
Staff and the Joint Staff, the Combatant Commands, the Office of the 
Inspector General of the Department of Defense, the Defense Agencies, 
the DoD Field Activities, and all other organizational entities in the 
DoD (referred to collectively in this part as ``the DoD Components'') 
and federal agencies.


Sec.  251.3  Definitions.

    Unless otherwise noted, these terms and their definitions are for 
the purposes of this part.
    Consultant. Defined in 5 CFR part 304.
    Excepted service. Appointments in the excepted service are civil 
service appointments within the Federal Government that do not confer 
competitive status and are excepted from competitive service by or 
pursuant to statute, by the President, or by the Office of Personnel 
Management, and which are not in Senior Executive Service.
    Foreign language. Any language other than English.
    Language proficiency. The U.S. Government relies on the Interagency 
Language Roundtable (ILR) scale to determine language proficiency. 
According to the ILR scale:
    (1) 0 is No Proficiency.
    (2) 0+ is Memorized Proficiency.
    (3) 1 is Elementary Proficiency.
    (4) 1+ is Elementary Proficiency, Plus.
    (5) 2 is Limited Working Proficiency.
    (6) 2+ is Limited Working Proficiency, Plus.
    (7) 3 is General Professional Proficiency.
    (8) 3+ is General Professional Proficiency, Plus.
    (9) 4 is Advanced Professional Proficiency.
    (10) 4+ is Advanced Professional Proficiency, Plus.
    (11) 5 is Functional Native Proficiency.
    Special government employee (SGE). Defined in 18 U.S.C. 202.


Sec.  251.4  Policy.

    It is DoD policy that:
    (a) The NLSC provides DoD, or other U.S. departments or agencies, 
with U.S. citizens with high levels of foreign language proficiency for 
short-term temporary assignments providing foreign language services.
    (b) The NLSC is authorized to employ U.S. citizens as language 
consultants pursuant to 50 U.S.C. 1913, 5 U.S.C. 3109, and 5 CFR part 
304.
    (c) The NLSC is exempt from DoD Instruction 5160.71, ``DoD Language 
Testing Program'' (available at http://www.dtic.mil/whs/directives/corres/pdf/516071_2009_ch1.pdf), such that the NLSC may use tests of 
the Defense Language Proficiency Testing System or may use and develop 
other tests to assess language proficiency for the purpose of employing 
NLSC members as language consultants.
    (d) The NLSC will be available to support DoD or other U.S. 
departments or agencies pursuant to 50 U.S.C. 1913.
    (e) The NLSC will:
    (1) Collect personally identifiable information pursuant to 50 
U.S.C. 1913 from individuals interested in applying for NLSC 
membership.
    (2) Comply with DoD Instruction 8910.01, ``Information Collection 
and Reporting'' (available at http://www.dtic.mil/whs/directives/corres/pdf/891001p.pdf), Volume 2 of DoD Manual 8910.01, ``DoD 
Information Collections Manual: Procedures for DoD Public Information 
Collections'' (available at http://www.dtic.mil/whs/directives/corres/pdf/891001m_vol2.pdf), and 32 CFR part 310.
    (f) Qualified and available members with requested language skills 
hired in accordance with 5 U.S.C. 3109 and 5 CFR part 304 and DoD 
Administrative Instruction 2, ``Employment of Experts and Consultants'' 
(available at http://www.dtic.mil/whs/directives/corres/pdf/ai002p.pdf), will be temporarily assigned to government agencies 
pursuant to reimbursable agreements described in 31 U.S.C. 1535.


Sec.  251.5  Responsibilities.

    (a) The USD(P&R):

[[Page 76636]]

    (1) Provides overall policy guidance for carrying out the 
responsibilities and duties of the Secretary of Defense in accordance 
with DoD Directive 5124.02 and 50 U.S.C. 1913.
    (2) Ensures appropriate resources are programmed for the 
administration and operation of the NLSC.
    (b) Under the authority, direction, and control of the USD(P&R), 
the Assistant Secretary of Defense for Readiness (ASD(R)):
    (1) Through the Deputy Assistant Secretary of Defense for Force 
Education:
    (i) Develops processes and polices regarding the NLSC oversight and 
coordination by the NSEB in accordance with 50 U.S.C. 1903 and 1913.
    (ii) Recommends and oversees the establishment and execution of 
policies, programs, and goals to ensure the NLSC supports the readiness 
of the Military Services.
    (iii) Oversees, and monitors compliance with the NLSC programs and 
processes on behalf of the Secretary of Defense to include the 
procedures in Sec.  251.6.
    (iv) Ensures that functions needed to support the accomplishment of 
the NLSC mission are executed, including engagement with DoD 
Components, federal agencies, and State and local governments to 
identify language needs, assessment of language proficiency of its 
members, and skill sustainment training.
    (v) Determines eligibility for NLSC membership.
    (2) Hosts the annual program review identified in 50 U.S.C. 1913.
    (3) Designates a program manager responsible for overseeing 
implementation of NLSC programs and processes.
    (c) Under the authority, direction, and control of the USD(P&R), 
the Director, Department of Defense Human Resources Activity (DoDHRA):
    (1) Implements procedures and instructions for the appointment of 
NLSC members in support of DoD or other U.S. departments or agencies.
    (2) Authorizes and signs interagency agreements between the NLSC 
and organizations outside of the DoD, and delegates authority to sign 
such agreements as needed.
    (3) Provides administrative support to the NLSC, including actions 
related to intra- and inter-agency agreements, the intra- and inter-
agency transfer of funds, personnel actions, and travel requirements.
    (4) Provides fiscal management and oversight to ensure all funds 
provided for the NLSC are separately and visibly accounted for in the 
DoD budget.
    (d) DoD Components heads ensure that the use of NLSC members is 
considered during exercise and operational planning.


Sec.  251.6  Procedures.

    (a) NLSC purpose. (1) The purpose of the NLSC is to identify and 
provide U.S. citizens with foreign language skills to support DoD or 
other U.S. departments or agencies, in need of foreign language 
services, for requirements of less than one year.
    (2) The NLSC will provide capable, federally-hired individuals to 
rapidly respond to critical national needs and assist DoD and other 
U.S. departments and agencies with surge or emergency requirements.
    (b) NLSC membership criteria. NLSC members must:
    (1) Be a U.S. citizen.
    (2) Be at least 18 years of age.
    (3) Have satisfied Selective Service requirements.
    (4) Be proficient in English and any other language.
    (c) NLSC member recruitment. The NLSC program manager will oversee 
recruitment of members. NLSC maintains a registry of individuals who 
have applied or been accepted for membership and responds to requests 
for foreign language services by searching the registry to identify 
individuals who can provide support. NLSC collects applicant 
information through electronically available DD forms (located at the 
DoD Forms Management Program Web site at http://www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm) or comparable Web-based 
applications:
    (1) DD Form 2932. Contains a brief set of screening questions and 
is used to determine basic eligibility for NLSC membership.
    (2) DD Form 2933. A language screening tool to evaluate the 
applicant's skills with respect to specific tasks. DD Form 2933 is used 
in conjunction with the screening of language skills for entry into the 
NLSC.
    (3) DD Form 2934. Provides an overall assessment of the applicant's 
foreign language ability. DD Form 2934 is also used in conjunction with 
the screening of detailed skills for entry into the NLSC.
    (d) NLSC member appointment as federal employees. Where applicants 
meet NLSC membership criteria and are matched to foreign language 
services requirements, the NLSC program manager ensures actions are 
initiated to temporarily hire applicants and members for forecasted and 
actual support requests.
    (1) For federal hiring, members follow excepted service hiring 
policies in accordance with 5 U.S.C. 3109, 5 CFR part 304, and 32 CFR 
part 310, and are appointed as language consultants in advance of 
participating in a support request, in accordance with DoD 
Administrative Instruction 2.
    (2) An NLSC member who is already employed by a U.S. Government 
agency or is under contract full-time to one agency must receive a 
release from the head of that agency or individual empowered to release 
the employee or contractor before being employed for service within the 
NLSC pursuant to 50 U.S.C. 1913 and must comply with applicable laws 
and regulations regarding compensation. Such requests will be 
coordinated by the NLSC with the department or agency head concerned.
    (3) NLSC members will be appointed on an annual basis pursuant to 5 
U.S.C. 3109, 5 CFR part 304, and 32 CFR part 310 to perform duties as 
language consultants. If serving less than 130 days in a consecutive 
365-day period, they will be considered SGEs as defined in 18 U.S.C. 
202. Concurrent appointments as an SGE may be held with other DoD 
Components or in another federal agency.
    (4) The NLSC program manager will track the number of days each 
NLSC member performed services and the total amount paid to each NLSC 
member within the 365-day period after the NLSC member's appointment.
    (e) NLSC member activation. Activation encompasses all aspects of 
matching and hiring NLSC members to perform short-term temporary 
assignments to provide foreign language services. Under NLSC program 
manager oversight:
    (1) Customer requirements are matched with skills of NLSC members 
and support is requested from DoDHRA to process necessary agreements, 
funding documents, and personnel actions to provide foreign language 
services. In accordance with paragraph (d)(3) of this section, NLSC 
members are temporarily hired as DoD employees.
    (2) NLSC members are prepared for activation. If members are to be 
mobilized out of their home area, travel order requests are initiated. 
During the assignment, action will be taken to coordinate with members 
and clients, and assess success with the requesting agency upon 
completion.
    (3) If duty requires issuance of DoD identification (e.g., Common 
Access Card), such identification will be issued to and maintained by 
activated NSLC members in accordance with Volume 1 of DoD Manual 
1000.13, ``DoD Identification (ID) Cards: ID Card Life-Cycle'' 
(available at http://www.dtic.mil/

[[Page 76637]]

whs/directives/corres/pdf/100013_vol1.pdf). Upon completion of the 
assignment, the identification will be retrieved in accordance with 
Volume 1 of DoD Manual 1000.13.
    (4) Upon completion of assignments, DoDHRA will provide post-
assignment support to members and reconcile funding to close project 
orders.

    Dated: December 7, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2015-31152 Filed 12-9-15; 8:45 am]
 BILLING CODE 5001-06-P